CHAPTER 3-B. REGISTRATION OF SEX OFFENDERS,
SEXUALLY VIOLENT PREDATORS, AND CHILD PREDATORS
§540. Findings; purpose
A. The legislature finds that sex offenders, sexually violent predators, and child predators often pose a high risk of engaging in sex offenses, and crimes against victims who are minors even after being released from incarceration or commitment and that protection of the public from sex offenders, sexually violent predators, and child predators is of paramount governmental interest. The legislature further finds that local law enforcement officers' efforts to protect their communities, conduct investigations, and quickly apprehend offenders who commit sex offenses and crimes against victims who are minors, are impaired by the lack of information available to law enforcement agencies about convicted sex offenders, sexually violent predators, and child predators who live within the agency's jurisdiction, and the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet this paramount concern of public safety. Restrictive confidentiality and liability laws governing the release of information about sex offenders, sexually violent predators, and child predators have reduced willingness to release information that could be appropriately released under the public disclosure laws, and have increased risks to public safety. Persons found to have committed a sex offense or a crime against a victim who is a minor have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Release of information about sex offenders, sexually violent predators, and child predators to public agencies, and under limited circumstances to the general public, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.
B. Therefore, this state's policy is to assist local law enforcement agencies' efforts to protect their communities by requiring sex offenders, sexually violent predators, and child predators to register with state and local law enforcement agencies and to require the exchange of relevant information about sex offenders, sexually violent predators, and child predators among state, local, and federal public agencies and officials and to authorize the release of necessary and relevant information about sex offenders, sexually violent predators, and child predators to members of the general public as provided in this Chapter.
Acts 1992, No. 388, §1, eff. June 18, 1992; Acts 1997, No. 1147, §1, eff. July 14, 1997.
Notes of Decisions
State Ex Rel. Olivieri v. State, 779 So. 2d 735 (La. 2001).
· cites it 6× “" La.Rev.Stat. § 15:540. This is an avowedly non-punitive purpose and there has been no evidence that the Legislature in fact intended otherwise.”
State of Louisiana v. Glenn Cook, 226 So. 3d 387 (La. 2017).
· cites it 10× “R.S. 15:540 et seq., and whether a petition for injunctive relief or for declaratory judgment regarding those requirements must be filed in the manner established by La.”
STATE of Louisiana v. I.C.S.; State of Louisiana v. C.M.S., 145 So. 3d 350 (La. 2014).
· cites it 8× “R.S. 15:540 (reciting the legislature’s findings, including that the “[r]elease of information about sex offenders, sexually violent predators, and child predators to public agencies, and under limited circumstances to the general public, will further … public safety … so long…”
State v. Moore, 847 So. 2d 53 (La. Ct. App. 2003).
· cites it 6× “R.S. 15:540 et seq. Moore failed to register as a sex offender and the State filed a motion and order for a hearing to revoke his probation.”
State v. Trosclair, 89 So. 3d 340 (La. 2012).
· cites it 3× “11fiLa.Rev.Stat. § 15:540. After examining these findings, this Court determined the intention of the Louisiana legislature was not to impose punishment when it enacted the sex offender registration provisions: A careful review of the subjective intent enunciated in LA.”
State v. Williams, 28 So. 3d 357 (La. Ct. App. 2009).
· cites it 2× “R.S. 15:540 et seq. The legislature recently enacted extensive amendments to the sex offender and child predator registration statutes in 2007 La.”
State v. Greenup, 123 So. 3d 768 (La. Ct. App. 2013).
· cites it 4× “R.S. 15:540 et seq. STATEMENT OF THE CASE On June 9, 2011, a Jefferson Parish Grand Jury returned an indictment charging defendant with aggravated rape upon a victim under the age of thirteen in violation of La.”
State of Louisiana v. Thayer Green, 225 So. 3d 1033 (La. 2017).
· cites it 2× “14:2(B), a sex offense as defined in R.S. 15:540 et seq. when the victim is under the age of [18] at the time of commission of the offense, or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for ten years or more, or any other crimes…”
State v. Floyd, 254 So. 3d 38 (La. Ct. App. 2018).
· cites it 2× “R.S. 15:540, and thus a life sentence without benefits was mandated.”
State v. Gibson, 38 So. 3d 373 (La. Ct. App. 2010).
· cites it 2× “R.S. 15:540 et seq. La. R.S. 15:543(A), as amended, states that the trial court “shall provide written notification to any person convicted of a sex offense and a criminal offense against a victim who is a minor of the registration requirements and the notification requirements…”
State v. Grimes, 16 So. 3d 418 (La. Ct. App. 2009).
· cites it 2× “14:2(B), a sex offense as defined in R.S. 15:540 et seq. when the victim is under the age of eighteen at the`time of commission of the offense, or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for ten years or more, or any other…”
La. Rev. Stat. § 15:540(A): 7 cases
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